What's happening
This bill requires a state-issued certificate to buy, use, or store certain components that can be combined to make explosive devices, and prohibits sales to individuals under 18.
Why it matters
Increases government oversight on explosive materials. By requiring a certificate issued by the state labor commissioner to purchase, use, or store certain chemical components that can be combined to make explosive devices, the bill aims to help authorities track and regulate who has access to these potentially dangerous materials.
Sets eligibility and background checks. The commissioner must investigate applicants' eligibility and can request information from other government agencies, meaning more thorough vetting and potential sharing of applicant information between state and local authorities.
Establishes a new licensing fee and renewal process. Individuals must pay at least $50 for the certificate, and licenses are valid for at least one year, adding a financial and administrative layer to access these materials, which could deter casual or impulsive purchases.
Targets youth access and retail practices. Explicitly prohibits sales to anyone under 18 and makes underage individuals ineligible for certification, aiming to reduce the risk of minors obtaining materials that could be used for harmful purposes.
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Who cares
Headline styles
Require License for Explosive Compounds
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.521
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
License Required for Explosive Compounds
Assembly Floor Calendar · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4314
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to licenses to purchase, use, or store certain compounds
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 465 of the labor law is renumbered section 466 and a new section 465 is added to read as follows:
§ 465. License to store or use certain compounds. 1. No person shall be permitted to purchase, use, or store any two or more components that are advertised and sold together with instructions on how to combine the components to create any device designed or specially adapted to facilitate a detonation or combustion unless a certificate therefor shall have been issued by the commissioner as provided in this section.
Application for such a certificate shall be made to the commissioner on forms provided and shall contain such information as the commissioner may require. The commissioner, where it is found that the applicant has complied with the requirements of this article and the rules promulgated hereunder shall issue a certificate or a renewal thereof, which shall be valid for not less than one year from the date of issuance. In addition to any other causes for revocation of a certificate hereinafter provided, the commissioner may revoke or modify such certificate because of any change in the conditions under which it was granted or for failure to pay the required fee. The applicant shall pay to the commissioner a fee of not less than fifty dollars.
2. Before a certificate is issued, the commissioner shall investigate the eligibility of the applicant. The commissioner shall have the authority to request and receive from any department, division, board, bureau, commission or agency of the state or local government thereof such assistance and information as will enable the commissioner to properly and effectively carry out the powers and duties under this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01583-01-7
S. 4314 2
3. Any two or more components that are advertised and sold together with instructions on how to combine the components to create any device designed or specially adapted to facilitate a detonation or combustion shall not be sold or delivered to any individual under eighteen years of age, whether such individual is acting for himself, herself or for another person, nor shall any such individual be eligible to obtain any certificate required under this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to licenses to purchase, use, or store certain compounds
Purpose or general idea of bill
This legislation would prohibit the storage, use, or purchase of the explosive Tannerite or similar products sold under a different name without the proper license or other authorization to do so under the provisions of law.
Summary of specific provisions
Section 465 of the labor law is added to require a certificate for the purchase, use, or storage of products containing to two or more components that are advertised and sold together with instructions on how to combine the components to create any device designed or specifically adapted to facilitate a detonation or combustion.
Justification
Tannerite is an explosive made from two separate compounds, ammonium nitrate and aluminum powder. The compound is intended to be used as a small exploding target for target practice. However, when large amounts of the chemicals are combined, the results can create a powerful and dangerous explosion. In January of 2013 in Busti, NY, a group of friends target shooting in the woods intentionally exploded 18 pounds of Tannerite. The explosion rattled neighbors and was heard miles away. Fortunately, no one was injured.
Additional incidents have been reported elsewhere in New York State and throughout the country. In Indiana in 2012, a woman lost her hand when a friend exploded Tannerite inside of a dryer. In 2013, a Minnesota man was killed at a bachelorette party when shrapnel struck him from a Tannerite exploding target. In 2015, an 8 year old Oklahoma boy was killed when an outdoor stove stuffed with Tannerite was shot and exploded sending shrapnel into the child. Tin 2016 a Georgia man lost his leg below the knee when he filled his lawnmower with three pounds of Tannerite. And in September of 2016, a bomb containing Tannerite, exploded on West 23rd Street in the Manhattan neighborhood of Chelsea injuring 31 people.
In addition, in January of 2013, the FBI published a bulletin warning that Tannerite may be used as an explosive in improvised explosive devices, commonly known as IEDs. The bulletin explicitly states, "The FBI assesses with medium confidence criminals and extremists may actively be attempting to acquire exploding targets to obtain the ammonium nitrate for use in the manufacture of improvised explosives based on FBI investigations of individuals interested in manufacturing explosives."
This legislation would allow only licensed and authorized individuals to access this very dangerous compound making it more difficult for criminals and terrorists to construct IEDs, as well as mitigate potential injuries and deaths associated with the explosion of large quantities of this compound.
Fiscal implications
Minimal.
Impact on regulation of businesses and individuals
Individuals would no longer be able to buy Tannerite in New York State without a certificate required similar to the other explosives. EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS :
Violation of this act can result in a class E felony and/or up to $2,500 in fines.
Legislative history
2015/2016 A.270 (Buchwald) - Referred to Labor - Passed Assembly in 2016 / S.5276 (Martins) Committed to Rules 2014: A.9871 (Buchwald) - Referred to Labor
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.